Go ms no 661 – compassionate appointments to the dependents of andhra pradesh state govt employees who retire on medical invalidation


Go ms no 661 - compassionate appointments to the dependents of govt employees  who retire on medical invalidation for ap state govt employees

                            GOVERNMENT OF ANDHRA PRADESH
                                                 ABSTRACT
Public Services – Subordinate Services – Revival of the scheme of compassionate appointments tothe dependents of Government employees who retire on medical invalidation, as per the judgmentof Supreme Court of India in Civil Appeal No.4210/2003 dated 12.08.2008 filed by V.Sivamurthyand others - Orders – Issued.
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                    GENERAL ADMINISTRATION (SER.G) DEPARTMENT
                            G.O.Ms.No. 661 Dated:23 -10-2008.
Read the following:-
1) G.O.Ms.No.504, G.A.(Ser.A) Department, Dated 30.7.1980.
2) G.O.Ms.No.309, G.A.(Ser.A) Department, Dated 4.7.1985.
3) G.O.Ms.No.214, G.A.(Ser.A) Department, Dated 9.6.1998
4) Govt.Memo. No.36299/Ser.A/99-1, G.A.(Ser.A) Department, Dated 25.6.1999.
5) Judgment Dated 12.10.2001 in W.P.No.13489/2000 and batch
of Hon’ble High Court of Andhra Pradesh.
6) G.O.Ms.No.202, G.A.(Ser.A) Department, Dated 27.4.2002.
7) G.O.Ms.No.203, G.A.(Ser.A) Department, Dated 27.4.2002.
8) G.O.Ms.No.305, G.A.(Ser.A) Department, Dated 17.7.2002.
9) G.O.Ms.No.44, G.A. (Ser.A) Department, Dated 17.2.2003.
10) G.O.Ms.No.251, G.A.(Ser.G) Department, Dated 28.8.2004.
11) G.O.Ms.No.100, G.A.(Ser.G) Department, Dated 3.3.2005.
12) Suo-moto contempt of Hon’ble High Court Dated 12.10.2001.
13) G.O.Ms.No.246, G.A.(Ser.G) Department, Dated 30.5.2006.
14) G.O.Ms.No.124,P.R.&R.D.(Mdl.II) Department, Dated 2.4.2008.
15) The judgment of Hon’ble Supreme Court of India in Civil Appeal
No.4210/2003 filed by V.Sivamurthy with CA Nos.4208-4209, 4213,
4226 of 2003, Dated 12.08.2008.
* * *
O R D E R :-
In the reference first read above, the Scheme of compassionate appointments to the
dependents of Government employees who retired on medical invalidation was introduced in theState. The appointments under the scheme were to the post of Junior Assistant or to a post whosepay scale is equal to or less than to that of Junior Assistant.
2. In the reference second read above, the benefit of compassionate appointments was confinedto the cases where Government servants retire on medical grounds five years before attaining theage of superannuation irrespective of the age of superannuation prescribed for the posts andservices.
3. In the reference third read above, orders were issued prescribing suitable safeguards and
procedures duly constituting the Medical Teams, District Level Committee of Officers and State LevelCommittee of Officers to prevent any misuse of the scheme of compassionate appointments to thedependents of Government employees who retire on Medical invalidation.
4. In the reference fourth read above, it was clarified that the benefit of compassionate
appointment will be applicable only to those Government employees who retire on Medical
Invalidation five years before they attain the age of superannuation. Therefore, the required
period of five years of left over service is to be reckoned from the date of issue of orders of
retirement on Medical invalidation. It is further clarified that in cases where the Government
employees who do not have five years of service before they attain the age of superannuation at thetime of considering such cases by the State Level Committee or District Level Committees, therespective Committees, after scrutiny of Medical Invalidation Certificates in those cases, may
recommend only for retirement of such Government employees on medical invalidation as per thecertificate issued by the Medical Board.
5. The Full Bench of the Hon’ble High Court of Andhra Pradesh in its common Judgment dated
12.10.2001 in W.P.No.13489/2000 held that the appointment on compassionate grounds on MedicalInvalidation does not satisfy the requirement of Article 16 of the Constitution of India and any policydecision taken by the State is unconstitutional.(Contd……p.2):: 2 ::
6. In the references sixth to eighth read above, orders were issued dispensing with the
scheme of compassionate appointment in Medical Invalidation cases. The issue was examined
by the Cabinet Sub-Committee on service matters based on several representations, keeping
in view of the hardship pleaded by the Government employees who retired on medical
invalidation, the Cabinet Sub-Committee on service matters in its meeting held on 23.01.2003
made certain recommendations to consider appointment to the post of Panchayat Secretary
on contract basis with a basic pay of Rs.2870/- + H.R.A. + D.A. to the dependents of
Government employees who retired on medical invalidation before issue of G.O.Ms.No.202,
G.A.(Ser.A) Department, dated 27.4.2002.
7. In the reference 9th read above, the cases of dependents of Government employees
who retired on medical invalidation and whose cases could not be considered by 27.4.2002
were considered for appointment on contract basis to the post of Executive Officer, Special
Category-V (Panchayat Secretary) under Rule 9 of A.P. State and Subordinate Service Rules,
1996.
8. In the reference 10th read above, orders were issued to consider the dependents of
Government employees who retired from service on medical invalidation before 27.4.2002, for
appointment to the post of Panchayat Secretary on contract basis, taking into consideration
the date of issue of medical invalidation certificate for reckoning the left over service of 5
years from the date of issue of medical invalidation certificate.
9. In the G.O. 11th read above, orders were issued that the dependents of Government
employees who retired on medical invalidation before 27.4.2002 and who possess the
academic qualification below 10th class only shall be considered for appointment to any of the
posts in A.P. Last Grade service on contract basis and on fixed pay of Rs.2600/- p.m.
10. In the G.O. 13th read above, orders issued in G.O.Ms.No.44, G.A.(Ser.A) Department,
dated 17.2.2003 and G.O.Ms.No.100, G.A.(Ser.G) Department, dated 3.3.2005 were
withdrawn.
11. Aggrieved by the above orders, certain Panchayat Secretaries have approached
Hon’ble APAT and APAT rejected the request of the applicants. Further, the applicants
approached Hon’ble High Court and the Hon’ble High Court in its interim order dated
19.12.2007 in W.P.M.P.No.18401/2007 in W.P.No.14637/2007 and batch cases have directed
the respondents to consider the cases of petitioner for appointment as Panchayat Secretaries/
V.R.Os / J.As and made it clear that such appointments shall be purely on “contract basis”, as
they were originally appointed and continuing.
12. In the reference 14th read above, the 1198 terminated Panchayat Secretaries were
appointed on contract basis based on the interim orders of Hon’ble High Court dated
19.12.2007 in W.P.M.P. No.18401/2007 in W.P.No.14637/2007 and batch cases.
13. The Hon’ble Supreme Court of India, in V.Siva Murthy V/s State of Andhra Pradesh
in (Civil appeal No 4210 of 2003 with CA.Nos.4208-4209, 4213, 4226 of 2003, Dated
12.08.2008) upheld the scheme of compassionate appointment to the dependents of
Government employees who retired on Medical invalidation and held among others, as
follows:
“We therefore, allow these appeals, set aside the judgment of the High Court (dated
12.10.2001). We also set aside the orders of the Tribunal though on different grounds.
We uphold the validity of the compassionate appointment scheme (contained in
G.O.Ms.No.504, G.A.(Ser.A) Department, dated 30.7.1980, G.O.Ms.No.309, G.A.(Ser.A)
Department, dated 4.7.1985 and G.O.Ms.No.214, G.A. (Ser.A) Department, dated
9.6.1998, as clarified in Govt. Memo.No.36299/Ser.A/99 dated 25.6.1999) providing
that the period of five years of left over service should be reckoned from the date of
issue of the order of retirement on medical invalidation and not from the date of
application for retirement on medical invalidation.
As the scheme was withdrawn by Govt. Memo. Dated 27.4.2002, to give effect to
the impugned decision of the High Court, the state Government is at liberty to revive the
scheme with or without modifications”.
(Contd……p.3)
:: 3 ::
14. After careful consideration, Government issue the following orders on reviving the
scheme of compassionate appointments on medical invalidation of Government employee.
1. This concession of compassionate appointment shall be allowed only in
exceptional cases where the appointing authority is satisfied that the condition
of the family is indigent and in great distress and when there is no other
earning member in the family. The word “family” consists of the members as
defined in sub-rule 12(b) of Rule 50 of A.P. Revised Pension Rules, 1980.
2. The candidate eligible for appointment under this measure shall be the spouse
of the Government servant or any one of the dependent children of the
employee who retired on medical grounds.
3. The eligible person shall be appointed to the post of Junior Assistant or
equivalent post or any other lower post.
4. Applications for appointment from such persons shall be entertained within a
period of one year from the date of retirement of Government servant on
medical invalidation.
5. The compassionate appointments shall be treated as direct recruitment and
temporary appointments to start with.
6. The candidates to be appointed on compassionate grounds under these
scheme shall possess the age and other qualifications as per rules in force.
7. The temporary appointment of a spouse or child can be considered for
regular appointment without subjecting them to the normal process of
recruitment. However;
a) A formal notification of vacancy shall be made to the Employment Exchange.
b) After filling up the vacancy, the appointing authority will furnish all relevant
particulars of the candidate to the Employment Exchange.
c) Such appointments should be made under intimation to the Director of
Employment and Training excepting in case of High Court.
15. The appointments on compassionate grounds under this scheme shall be in the
same unit of appointment. While making these appointments the provisions contained in
the Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of
Direct Recruitment) order, 1975 (Presidential Order on SPF) shall be applicable. The benefit
of compassionate appointment on medical grounds shall be confined to the cases, where
Government servants retired on medical ground, shall have left over service of 5 years
before attaining the age of superannuation irrespective of the age of superannuation
prescribed for the posts and services. The required period of 5 years of left over service is
to be reckoned from the date of issue of orders of retirement on medical invalidation.
16. The appointing authority on receipt of the application from the Government
employee for retirement on Medical Invalidation, shall refer the case to the Medical Board.
(i) At District level, a team of Doctors shall furnish the medical report to a District
Level Committee of officers. Accordingly, Government hereby constitute the
medical team (Medical Boards) as follows:-
(a) Where there are teaching hospitals, other than Ranga Reddy and Hyderabad
Urban Districts, the medical team (Medical Board) shall consist of the
Superintendent of the Govt. General Hospital and two doctors of the cadre of
Civil Surgeon, nominated by the Superintendent of Government General
(Contd……p.4)
:: 4 ::
Hospital, among them one should be a specialist in the disease/illness with which the
employee is suffering and seeking Medical Invalidation and in case of a lady employee
seeking a Medical Invalidation, of the two civil surgeons, one should be a lady civil
surgeon.
(b) In the case of Ranga Reddy and Hyderabad Urban Districts, the Medical Boards
already existing in Osmania General Hospital and Gandhi General Hospital shall constitute
the team of Doctors (Medical Board) respectively.
© In all other districts, the District Co-ordinator of the District Head Quarters Hospitals
of Andhra Pradesh Vidya Vidhana Parishad and two Civil Surgeons nominated by the
District Co-ordinator, of whom one shall be from the speciality of the disease with which
the employee is suffering from, shall constitute the medical team. In case, it is a woman
employee seeking Medical Invalidation, of the two civil surgeons, one should be lady Civil
Surgeon. Also where the District Head Quarter Hospital of Andhra Pradesh Vidya Vidhana
Parishad does not have necessary expertise to decide the matter for want of the
concerned specialist doctor, it may refer the case to the nearest teaching hospital for
obtaining their opinion before making their recommendations.
(d) As and when a Government employee seeks and applies for retirement on medical
grounds, the concerned appointing authority shall refer the case to the team of doctors
(Medical Board) mentioned above.
(e) The Medical Board shall give its report based on the detailed clinical examination
and relevant investigations in a Govt. Hospital/Govt. Institutions like NIMS, SVIMS etc.
(f) The benefit of compassionate appointment shall be extended in case where a
Government servant totally cease to be employable and become a burden on his family
i.e., when a Government servant is totally incapacitated on account of serious illness /
accident.
(g) Accordingly, the disease for which medical invalidation shall be allowed may be any
one of the following:-
1. Paralysis
(i) All 4 limbs
(ii) One side upper limb and lower limb
(iii) Both lower limbs
2. End stage Renal diseases
3. End stage Liver diseases
4. Cancer with metastasis stage or secondaries
5. Dementia – Mental Disorder
6. Severe Parkinson disease
7. Loss of limbs (hands or legs) in case of drivers.
(ii) The appointing authority under whom the employee seeking medical invalidation is
working, shall, after receipt of the Medical Boards recommendations refer the matter to a
District Level Committee of officers for scrutiny and its recommendations. Government hereby
constitute the District Level Committee of the officers with the following :-
1. District Collector …. Chairman.
2. The District Medical & Health Officer …. Member.
3. The District Head of the Department in …. Member/ Convener.
which the employee is seeking retirement
on Medical Invalidation.
The District Level Committee shall consider the Medical Invalidation report given by the
Medical Board constituted in para 16 (i) above and scrutinize the proposal for compassionate
appointment on Medical Invalidation strictly in accordance with the guidelines and conditions
stipulated in the existing instructions on the scheme. The committee is also competent to seek
at its discretion personal presence of the employee seeking retirement on medical invalidation
before considering the proposal.
(Contd…..p.5)
:: 5 ::
(iii) For scrutiny and for making recommendations in respect of cases of Government
employees of Heads of Departments/Secretariat Departments, a State Level Committee of
officers is hereby constituted with the following :-
1. Special Chief Secretary / … Chairman.
Principal Secretary to Government
Nominated by the Government
2. Principal Secretary / Secretary to Govt., … Member.
Health Medical & Family Welfare Dept.
3. Principal Secretary / Secretary to Govt., … Member.
of the Department in which the employee
is seeking retirement on Medical Invalidation
4. Principal Secretary / Secretary to Govt., … Member.
Finance Department.
5. Principal Secretary / Secretary to Govt., … Member.
G.A. (Ser.) Department.
6. Secretary to Govt., Law Department. … Member.
7. Director of Medical Education … Member.
8. Dy.Secretary / Jt.Secretary / Addl. … Member/ Convener.
Secretary to Government, HM&FW Dept.
The State Level Committee shall consider the medical invalidation report given by the
Medical Board constituted in para 16 (i) above and scrutinize the proposal for
compassionate appointment on Medical Invalidation strictly in accordance with the
guidelines and conditions stipulated in the existing instructions on the scheme.
(iv) The District Collectors who are heading the District Level Committees shall send the
recommendations of the District Level Committees to the concerned District Head of the
Department.
(v) In cases of Government employees of Heads of Departments / Secretariat
Departments, the proposals shall be placed before the State Level Committee of officers
directly through H.M. & F.W. Department in Secretariat based on the recommendations of
the Medical Board.
(vi) In respect of employees working in the Heads of Departments / Secretariat
Departments, the Convener of State Level Committee of officers shall send the
recommendation of the State Level Committee in each case to the concerned Prl.Secretary
/ Secretary to Government of the Secretariat Department or to the Heads of Departments
concerned for issue of appropriate orders.
(vii) Only where the State Level Committees of officers makes a clear recommendation
for retirement on medical invalidation, the concerned Department of Secretariat, Head of
the Department shall issue necessary orders permitting the Government employees to
retire on grounds of medical invalidation and to appoint the dependents, such
Government employees who are permitted to retire on medical invalidation as per the
other existing instructions on the scheme. Such compassionate appointments will be
confined only to the Department in which retirement of the employee on medical
invalidation was ordered. In case of Departments of Secretariat, it is Single Unit except
Law and Finance Departments.
17. The compassionate appointments on medical invalidation shall be limited to 5% of
Direct Recruitment vacancies in a unit of appointment.
(Contd…..p.6)
:: 6 ::
18. All such cases where appointments under medical invalidation grounds were made,
must be reported in detail by the District Head of the Department along with copies of the
orders justifying the appointment orders under medical invalidation to the concerned
Administrative Department in Secretariat.
19. All the Departments of Secretariat, all the Heads of Departments, all the District
Collectors and all the appointing authorities shall follow the above instructions scrupulously
without any deviation.
20. Necessary amendments to the Article 442 of Andhra Pradesh Pension Code shall be
issued separately by Finance (Pension) Department.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
P.RAMAKANTH REDDY,
CHIEF SECRETARY TO GOVERNMENT.
To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors in the State.
All District Judges in the State.
All Chief Executive Officers, Zilla Parishads in the State.
All Principals of Medical Colleges in Andhra Pradesh.
All Superintendents of Government General Hospitals.
All Dist.Coordinators of Hospitals, Dist.Head Quarters Hospitals.
The Finance (Pension) Department.
The Law (LSP) Department.
The HM & FW Department.
The G.A. (Cabinet/IC) Department.
Copy to:-
Prl.Secretary to Government, HM&FW Department.
Prl.Secretary to Government, Finance Department.
Secretary to Government, Law Department.
P.S. to Chief Secretary to Government.
P.S. to Prl.Secretary to Chief Minister.
The Director Medical Education, AP Hyderabad.
The Accountant General, A.P. Hyderabad.
The Secretary, APPSC, Hyderabad.
The Advocate General, High Court of A.P., Hyderabad.
The Govt.Pleader for Services, High Court of A.P., Hyderabad.
The Govt. Pleader for Services, A.P. Administrative Tribunal, Hyderabad.
SF / SC.
// Forwarded :: By Order //
SECTION OFFICER

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